Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 182 IPC - Quashing of kalendra - Petitioner allegedly made complaint with allegations that his son mercilessly beated and bed ridden by accused - Police after investigation submitted cancellation report, as accused found not involved in case - Accordingly, kalendra u/s 182 IPC..........
Criminal Procedure Code, 1973, Section 377, Probation of Offenders Act, 1958, Section 4, 11 -- Appeal - Maintainability - Order granting benefit of probation - Cannot be challenged by way of filing appeal u/s 377 Cr.P.C., as said order can only be challenged by filing appeal u/s 11 of Act of 1958 - Appeal rightly dismissed...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Suit for possession - Defendant duly served at the address as furnished before Executing Court - He appeared through counsel and filed written statement controverting allegations in plaint - But he did not lead any evidence and suit was decreed against him - He did not appeal against that order -..........
Forest Act, 1927, Section 52, 52A, 52C, 54, Criminal Procedure Code, 1973, Section 482 -- Forest produce - Illegal transportation - Seizure of vehicle - Release of vehicle - Jurisdiction of Court u/s 482 Cr.P.C. - Court cannot order release of vehicle in exercise of power u/s 482 Cr.P.C. as once vehicle is seized with reason to believe that it has been used in committing..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said principle simply on the basis of an..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 504, 427 -- Sanction for prosecution - Offence u/ss 323, 504, 427 IPC - Accused a public servant at relevant time, as he was holding post of District Programme Officer - He was deputed in premises of District Magistrate in connection with `Janta Darbar' and was performing his duty on date of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307 -- Discharge - Attempt to murder - All four injured persons received injuries on the skull - Repeated blows were rained on the head of injured by accused which is sort of murdering the victims - Injuries were inflicted with significant force and went up to depth of bone - Therefore, discharge..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 34 -- Anticipatory bail - Kidnapping - Victim boy not traced so far - Six months prior to incident accused threatened complainant that he will be made issueless and even three months prior to incident also, accused had gone to school of victim and called him outside the school but he did..........
Civil Procedure Code, 1908, Section 47, 151 -- Auction sale - Setting aside - Third party objection - Respondent No.1 neither a party to suit nor to the execution petition (EP) - Having participated in the auction unsuccessfully and having kept quite at that time, respondent No.1/third party is estopped from questioning the auction sale of EP schedule property by way of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Validity - Whenever under exceptional circumstances, status quo order is granted instead of temporary injunction, it is incumbent upon Court to give finding as to particulars of status quo that it wants to be maintained - Impugned order of granting status quo without going into..........
